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Weather. Rain tonight; tomorrow fair and colder. THE EVENING STAB TfJTE SUNDAY MORNING EDITION. <uUm* OflM, UU Stmt 111 Fiui;i?iiU irnu. *' r* " m The Eveain* Stat N?irrp?per Company, s. e. tAPrrviyw. rmumi. New Ya fi Oflff; Tribuaa ilaiUl&f. ChlMfo Ofltt: Triton* BmUAlaf. The ICrenlnr Star, with the Snnday mornlnir edi tion. la delivered by carriers. on their own aoeoant, within the elty at ftO cents per month: wltboat the fcuiida) morning edition at 44 cent* per month. Pt pnataiK" pn>p?M: Pally, Sunday Included. on* u onth. 60 cents. PunclaT expfptwl, on* month. SO ceott. Hatu'rday Star, one year, *1.00. SutiiUy Star, una year, fl.SO No. 16,601. WASHINGTON, D. C., THURSDAY, MARCH 8, 1906-TWENTY PAGES. TWO CENTS. Considering Question of Guilt or Innocence. JUSTICE GOULD'S CHARGE Summing-Up Address Concluded This Morning. AWAITING THE VERDICT Attorney Worthlngton Renews Mo tion That Jury Be Discharged? Overruled by the Court. Justice Gould, in Criminal Court No. I, shortly before noon today delivered his charge to the jury impaneled in the case of former State Senator George E. Green of Binghamton, X. Y., placed on trial more than two weeks ago on consolidated indictments for con spiracy to defraud the United States in connection with the pur chase of supplies for the Post Office Department. The jury re tired at ii :45 o'clock to consider a verdict. Justice Gould began the announcement of his charge at the conclusion of the final argument of MaJ. Holmes Conrad, for the government, who closed the summing-up arguments. The instructions given by the court included those prayers of counsel which had previously been approved by Justice Gould, as stated in The Star. In addition tl.e court charged the jury on a number of points of law and evidence. The jury was also instructed to return a verdict of not guilty on indictment No. which alleged conspiracy to commit tin offense against the I'nited States, and whlcn covered the same general ground Included In indictment No. alleging conspiracy to commit a fraud, on which the prosecution elected to go to the jury. The proceedings of this morning were followed with an accentuation of the keen Interest on the part of all connected with the trial which has been shown since the arraignment of the defendant. The court room unit.until a large number of auditors. Appeal for Conviction. In closing his presentation this morning Major Conrad made un appeal for a verdict of guilty. He was frequently Interrupted by Attorney Worthlngton of counsel for the defense, who repeated Ills motion made yesterday to discharge the Jury on the ground <if alleged objectionable remarks made by counsel for the government. For the second time the motion was overruled by the court The testimony of former Postmaster Gen eral Wynne was again made the basis for a vigorous legal combat, MaJ. Conrad eio ?jumtly defending that witness against the alleged Imputations of the opposing coun sel. While In court today the defendant seem ed to keep up his .spirits well. Hefore Instructing the Jury as to the law the court made several preliminary observa tions. One of counsel for the defendant, the court said, had expressed the fear thai thi Jury might be Influenced by some thlnga outside of the evidence, the nature of which he did not Indicate, and another counsel had suggested that the proceedings were had too near to the seat of govern ment. Governed Only by Evidence. The Jury', the court said, was to be gov erned only by the evidence admitted as proper bj the court, and by the logical con clusions which were to be deduced there from. i he court expressed such admiration of the system of trial by Jury that Justice Gouid declined to take advantage of the privilege allowed In federal courts of com menting upon the evidence after it had been submitted The Jury was instructed that the court It. overruling the motion of counsel for the defense to take the ease from the Jury had not passed upon the question cf the guilt or innocence of the accused. The court Instructed the Jury as to the Jaw relating to conspiracy, saying that It V_ an agreement to do an unlawful act an agreement In an unlawful way to #> a lawful act The court referred to ??e difference between the English law #ti tills - object and the federal law of this eountrv the former holding that the mere agreement Is sufficient to constitute Time while the latter makes the commission of some overt act necessary for Its completion. The court then read the indictment upon which tbe government elected to g<> to the Jury. Question of Venue. As to the question of venue, the Jury was instructed that the court would have Juris diction If the alleged conspiracy were found to have been entered into in the District of Columbia, even though all the overt acts set forth ill the Indictment were shown to have takin place elsewhere, or. on the other h*nd. If the conspiracy were formed else where and one or more of the acts commit ted here. At the instance of Attorney Worthlngton the court further Instructed the jurv that It could consider any failure to produce evidence by the defense but should not consider the fact that the defendant did not go on the stand to testify In his own !*alf. As to the evidence of former Post master General Wynne, which was in so mut h controversy, the court Instructed the Jl?,r>*0 consider it only as to the question of bias and prejudice. T . court said this evidence had bevn admitted with re luctance and was not to be considered as to the merits of the case before the Jury. No Word From Jury. No word had come from the Jury' up to a late hour this afternoon Court, of course, did not adjourn, but Justice Gould left the bench, and counsel interested In the trlai departed. The defendant remained at the city hall only a few minutes after the case wis given to the Jury. About half the auditors who attended the morning session stayed In the court room, discussing the probability's and venturing predictions. Major Conrad Resumes. Immediately after Justice Gould took hi* seat on the bench this morning at 10 o'clock Major Conrad resumed his final argument. ,TfhIC^?T." lntfrI"pted ,lt th? adjournment of court yesterday afternoon. He re . '""eaaed vigor to the presenta tion. opening his remarks with a spirited defense of former Postmaster General Rob ert J Wynne, who. counsel declared, had been unjustly criticised by the opposlng tContinued on Second Page.) Unique Position of France at Important Crisis. POLICY IS UNAFFECTED In Attitude of Government at Moroc can Conference. TEMPORIZING METHODS FOLLOW In Dealing With the Church Mani festants?Move far Formation of a New Cabinet. PARIS. March 8.?The government finds Itself without a ministry at the culminating stage of the Moroccan conference at Alge ciras. A semi-official statement on the sub ject says: "The ministerial crisis does not affect French policy at the conference." This is designed chiefly to warn Germany not to take advantage of the situation. The fact is that the ministerial hiatus confuses matters and threatens the agreement, which otherwise might have been reached today. The vote in the chamber of deputies last night, resulting in the defeat of the govern ment and the resignation of the cabinet, also requires that the government temporize with the church manlfestants, who are be coming increasingly demonstrative, partic ularly the peasants. To Form New Ministry. President Fallleres today began a series of consultations relative to the formation of a new ministry. He first conferred length ily with M. Dubost. president of the senate, and later received M. Doumer, president of the chamber of deputies. No announcement of the president's course of. action has been made, but the names most mentioned are those of Leon Hourgeois. the former pre mier; Alexandre Millerand, the former min ister of commerce; Raymond Poncaire, for mer minister of public works, and Senator Clemenceau. There is some talk also of M. Delcasse, the former foreign minister, who Is support ed by the Anglo-French enthusiasts, but his appointment Is Impossible owing to German hostility to him. M. Rouvier wants to retire from the pre miership, but he may be induced to retain the portfolio of foreign affairs cr that of finance under another premier. Rentes went ofT 20 per centimes today, but recovered, showing that the operators on the bourse were not seriously disturbed by the resignation of the cabinet. Vatican Greatly Interested. ROME, March 8.?The Vatican authorities received throughout the night telegrams from France regarding the cabinet crisis, in which the pope and Papal Secretary Merry del Val were most Interested, although it was admitted that it was difficult to estab lish whether the issue would be a victory for the holy see or the Inauguration of an even stronger anti-Catholic regime in Frar.ce. CASE IN THE JUBY"S HANDS. Close of Trial of Hermann and Tomp kins at Hagerstown. Sperial I'lKyatch to Tbe Star. HAGERSTOWN, Md.. March 8.?Follow ing arguments lasting eight hours the cases of F. William Hermann, white druggist, and 1 Dr. Joseph H. Tompkins, negro physician, charged with causing the death of Sllssjean Maxwell as the result of a criminal opera tion. were given to the Jury here late this afternoon. The two men are being tried Jointly, and In case of conviction there will be no need for further trial. In case of ac quittal they will likely be tried separately, there being Indictments against them Indi vidually. When court adjourned at 10 o'clock last night It was understood that the defense would today otter further expert testimony, with the hope of breaking down the testi mony of the four physicians who testified for the ?tate. Much to the surprise of the prosecuting counsel the defense announced when court convened this morning that its case was closed. The defense has been one of complete denial. Hermann was on the witness stand for nearly thrpo hours last night, and at the conclusion of a most rigid examination the impression prevailed that he had materially weakened his own case The general Impression prevails here this afternoon that both Hermann and Tomp kins will be convicted of manslaughter ??reha, been a full bench throughout the trial of the cases, which were removed here from Cumberland, and which, by reason of the prominence of the parties Involved have attracted widespread attention. JUST MISSED RICH PLATE. National Hunt Steeplechase at War wick, England, Today. WARWICK. England, March 8?Craig Wadsworth, second secretary of the Amer lean embassy, Just missed winning the rich National Hunt steeplechase, valued at $5,000 and run here today. His Portlight II made a game race, but only secured sec ond place, being defeated by an outsider Count Rufus. There were twenty-eight starters, all rid den by amateurs, over difficult, natural country. The distance was four miles. The managers of the race prepared for trouble by engaging four doctors, but no serious accidents occurred. The winner started at 25 to 1 aealn?t Portlight II was 100 to 8 against. aKa,nst" TWO TRAINMEN KILLED. Fatal Rear-End Collision of Freights on ''Fennsy." LATROBE. Pa.. March 8?Trainmen Frank Aken and S. E. Nixon were killed today In a rear-end collision of freight trains In the Derry yards of the Pennsylva nia railroad. The men were In the caboose when tne engine of a through freight train crashed Into it. wrecking It completely. flagman, who was also In the caboose escaped with slight injuries by Jumping. Middy's Resignation Acepted. ANNAPOLIS, Md.. March 8.?The resigna tion was accepted today of Midshipman Adrian U. Cather of West Virginia, a mem ber of the fourth ciass. Hearing in Greater Pittsburg Case. PITTSBURG, Pa., March 8*?At the open Ing of quarter sessions court today Judge Samuel McClung notified the attorneys In the "Greater Pittsburg" case that he had fixed March 10 as the date for the hearing of the argument on the exceptions filed yesterday to the annexation of Allegheny to THE CIVIL PENSION UP TO DATE. r TAKE YOUR CHOICE, GENTLEMEN. CALIFORNIA SENSATION OVER FILING OF SUIT AGAINST ELEVATOR COMPANIES. SAX FRANCISCO. March 8.?The news of the filing of a suit by the United States government agjiinst a number of elevator companies has caused a sensation in Cali fornia and the west, this being th? first legal proceeding of the kind ever insti tuted out hern. United States District Attorney Robert Devlin, who brought the suit, was located late last night at his residence in Berkeley. In discussing his action he said: "The complaint filed yesterday is against the Otis Elevator Company and thirty other defendants, who are alleged to be in one concern and operating contrary to the pro visions of the Sherman act. The complaint was drawn up by me, but is signed by United States Attorney General Moody, all such actions originating at Washington. "The action is based upon affidavits of men who were formerly in the combine and who state that, while the defendants to the action are apparently separate concerns, they, in reality, are all under control of the Otis Elevator Company. The effect of this pooling of interests Is to enhance prices and restrict trade with the view to con trolling all the elevator business on the Pacific coast, with the probability that this is but a branch of a gigantic trust that controls the elevator output all over the United States. Against the Sherman Law. "Such a combination Is against the pro visions of the Sherman law, and we believe that we have ample evidence against the trust to make out a clear case when It comes to trial. "The affidavits of the men set forth in the complaint, whose names I do not now re member. are complete and are based upon personal knowledge. A great quantity of material of firms not in the combine has gone to waste, there being no sale for it. "This suit has been carefully prepared and will be pushed vigorously. In every phase of It the Attorney General has been consulted, and I regard the case as clear and strong against all the long list of de fendants." 3 ITALIAN WORKMEN KILLED. Score or More Injured in Collision on "Pennsy" Road. GREENSBURG, Pa., March 8.?'Three Italians were killed outright and a score or more Injured, a number, It Is believed, fatally, in a collision on the Pennsylvania railroad near Rodebaugh, Pa., today be tween a "milk train" and a work train filled with foreigners. The work train was composed of flat cars loaded with pipe for a pipe line which the Pennsylvania rail road Is building from Indian Creek to Pitts burg. About seventy-five Italians employed at this work were also aboard, and the train had just pulled onto the main line from a siding, when It met the milk train in col lision. The two trains came together with ter rific force, and men and iron pipe were hurled In all directions. The last flat car was telescoped, and two others demolish ed, but the milk train was not seriously damaged. Immediately after the accident the crew of the milk train went to the assistance of the injured, but were forced to flee from the infuriated Italians, who were crazed at the sight of their dead and dying country men. Some of the Italians rushed at the train crew with threats of vengeance", and the crew had to take refuge on their engine to escape the wrath of the foreigners. The dead and Injured were brougtit to this city and the most seriously hurt taken to the hospital. It is thought a number will die. As the foreigner* ware all known by numbers their nain^s *oul<J not be learn ed. They were In tie. fenrpHmofl the Ameri can Pipe Manufacturing Company of Phila delphia. The responsibility for the accident has not been determined. Minneapolis for Bradford's Flagship. Special Dispatch to The Star. NORFOLK, Va., March 8.?Announcement wis made here today that following the pfeelng out of commission of the flagship plympia at the Norfolk navy yard Rear Vvdmiral Bradford will transfer his flag rrom the Olympla to the cruiser Minneapo lis. which arrived here yesterday. Com mander B. A. Flske will at once succeed Capt. James Miller as commanding officer of the Minneapolis. The naval tug Choctaw, from Washing ton, is engaged here today transferring to the Norfolk naval magazine from Newport News condemned ammunition brought In last evening by the collier Nero from the North Atlantic fleet now in West Indian wa ters. The Choctaw will on her return to Washington carry considerable of this am munition to Indian Head on the Potomac river. THREE WRECK VICTIMS FURTHER DETAILS OF FATAL COLLISION AT SARATOGA. SARATOGA, N. V., March 8.?Three deaths have followed the wreck of the local passenger train on the Delaware and Hud son railroad, bound from Rutland, Vt., tot Troy, which, while held up by a freight wreck near the station here, was run down by the Montreal llyer, sounth-bo\ind, last night. ? Tills morning at the Saratoga Hospital, to which the more seriously Injured were re moved, the following list of dead and in jured Is reported: The dead are: Mrs. Charles Esmond, as-' forty yearB, of Gansevoort; Gertrude Es- 1 mond, her daughter, age ten years, and I Frank A. Slndceuse, a traveling salesman of Buffalo. Seriously Injured: Frank Cardes of Al bany. whose condition is unchanged, with about even chances of recovery. Frank Terse of Albany, Nelson M. Var ney of Sandy Hill and Berton B. Bowney of Saratoga, who were less seriously in jured and who were removed to their homes or homes of friends, will, It is ex pected, recover. Mrs. Esmond died this morning. Her daughter survived her injuries but a few moments. Mr. Sindecuse, whose leg was severed in the wreck, died during the night. It was said today that the engineer ot the Montreal expfess, who had been warn ed by a brakeman from the local train, was, because of slippery rails due to the rain, unable to greatly slacken the speed ot his locomotive before it crashed irto '.he stalled train. THE SUGAR TRUST PROSECUTIONS TO BE MADE ON ACCOUNT OF REBATES. In a statement made by Attorney Gen eral Moody at the Department of Justice today it Is admitted that the department Is now arranging to bring prosecutions against the sugar trust and certain promi nent railroads that have given the trust rebates on shipments of sugar to the west. While the exact procedure of the govern ment is not stated, the matter now being in the hands of the United States attorney in New York, the probability Is that crimi nal proceedings will be brought against H. O. Havemeyer, high officials of the Delaware, Lackawanna and Western road and other roads for offenses against the rebate law. The statement of the Attorney General is as follows: "Upon being shown the publication In the New York American and Journal of today. Attorney General Moody said that some weeks ago a representative of that paper called upon him and said that Information was in possession of that paper tending to show that large rebates on the transpor tation of sugar had beenf given to the American Sugar Refining Company by the trunk lines of railroads running out of New York city, and asked him If the De partment of Justice desired to use the in formation in legal proceedings. An ex amination of the matter submitted showed clearly that it was highly important anil tended to show the giving and receiving of large money rebates. The subject was then brought to the attention of Mr. Stlm son. who had been seleetfd by the President as district attorney for the southern dis trict of New Yorb, "Following this, on the 1st day of Feb ruary. which was the date of Mr. 8tlmson's taking office, a conference was held in New York between the Attorney General, the assistant to the Attorney General, Mr. Purdy, and Mr. Stimson. when the evidence was gone over with very great care. "It is the purpose of the department to proceed carefully, bu? with all possible expedition. "It ought to be said that until this infor mation was furnished the department by the representative of the American, the department had no knowledge- or suspicion of the fact -and that the representatives of that paper have aided the officials of the department In all ways within their power." Subpoenas are said to have been sent out to half a hundred prominent New York men for appearance before the grand Jury In New York to answer questions that will ?how that rebates were given the sugar trust, which controls about 70 per cent of the sugar output of the country. There Is some talk that Attorney General Moody may appear personally in these cases, but this Is not known. 21 Fishermen Killed by Snows] ide. TRONDHJEM. Norway, March 8.?A snow avalanche at the Lofoten Islands last night burled a number of fishermen'* huts. Res cuers extricated twenty-one dead and thir ty-nine injured. POLITICS IN AN ORDER SIGNIFICANT ACTION OF MONT GOMERY MEMBER AT ANNAPOLIS Special Dispntch to Tlio Star. STATE HOUSE, Annapolis, M<J.. March 8.?Mr. I.ee introduced local Montgomery county politics, and factional politics at that, in the senate this morning- when he presented the following order, which was referred to the finance committee: Ordered. That any five members of the senate who voted with the majority in the last democratic caucus, and any five mem bers who voted in the minority of the last democratic caucus and any five members of the senate who voted in the last re publican caucus shall have the right to ap point a bill reader for the remainder of the sesslpn, who shall have the privilege of the floor, and whose- duties it shall be to scru tinize legislation, especially private and lo cal bills and to advise the senators ap pointing him as to the contents of the same and whose compensation shall be at the rate of $7 a day. Explained the Order. In explaining this order Mr. Lee said that he had been charged during the cam paign. which resulted in his election, with being a friend of the liquor interests in Montgomery county. He explained that lo cal option exists there and that this report, which was persistently circulated, was un true. It has come to his ears, he said, that a bill affecting this law will be "snaked" through the legislature is pos sible. "Perhaps under some bank charter," and he wanted to be protected against any such possibility. He called attention to the effect that bills are never read in full and that what portion of the bills are read cannot l>e understood, so as time goes on. the possibility of something of this sort slipping through, unknown to him ana to the reading clerk, increases. He thinks per day which the order entails will be well expended in this manner. Mr L,ee introduced in the senate this morning a bill regulating the qualifications of and salaries of certain school teachers of the white public schools of Montgom ery coUnty. This regulation regulates sal aries according to the number of subteach ers or the amount of work which the teach ers do. ZION CITY'S GLOOMY OUTLOOK. " | Dowie's Followers Exhorted to Part With Their Money. CHICAGO. March 8.-Picturlng a gloomy financial situation and recognizing a crisis. Overseer Voliva called upon the residents of Zion City last night for over *25:>,<X>> to cave the community from the money lend ers and thus to relieve the present pressure and put the industries on a paying basis, is security he promised the people first mortgages on the lace factory and the printing house. ' He called upon ministers to give up t.ielr salaries, he asked clerks and laborers to ?.,rk for a week and upbraided the followers of Dr. Dowie for wearing Jewelry ^'"Accept^in'pay6 just enough to provide for llvlne expenses," was his urgent request, he himself declaring he was willing to live on S cents a week if possible thus to keep soul and body together GRAVE DOUBT OF RECOVERY. Susan B. Anthony's Condition Re garded as Serious. ROCHESTER. N. Y.. March S.-Reports from the bedside of Susan B. Anthony, who is ill of pneumonia, were not quite so en couraging today. Her physician said: Miss Anthony spent a fairly good night, but was more restless and slept less soundly than on the previous night, though she suffered no pain to speak of. v However. we do not feel entirely safe, because of her great weak n*The doctor's tone Indicated that grave doubts of Miss Anthony s recovery were helci. Ocean Steamship Movements. 8IASCONBET, Mass.. March 8-Steamer Baltic, from Liverpool tor New York, was In -wireless communication with the station here when the vessel was 120 miles east of Nantucket lightship at 8 a.m. The Baltic will probSibly re?u:h her dock about 8:30 a_m. NEW YORK, March 8.?Arrived: Konlgln Luisis from Genoa. House Committee at Augusta. AUGUSTA. Ga., March a?The rivers and harbors committee of the House of Repre sentatives arrived here today. They were met by the mayor and a local delegation and will be extensively entertained all day. They will leave at 11 o'clock tonight In a special train for Macon. Conference Continued Discus sion of Police Plans. PARIS NEWS ASTONISHED Feared Cabinet Crisis Would Hurt French Diplomacy. GERMANY'S IMPORTANT NOTE Official Statement by Chief of Kaiser's Commission Appears to Assure an Agreement. ALGBCIRAS, Spain. March 8.?The minis terial crisis in Paris caused profound as tonishment among the delegates of the powers attending the Moroccan conference, but the details have not yet reached Alge ciras. The impression prevails that the event is deplorable and may possibly prove disastrous to French diplomacy. The dele gates. however, refuse to commit them selves on the effect which the downfall of the Rouvler cabinet may have on the conference. Previous to the receipt of the news of the ministerial crisis at the French capital the tone of discouragement had completely dis appeared and the work of rapprochment was proceeding with feverish activity. The conference this morning resumed the discussion of the Moroccan police question. Three distinct propositions were presented? one by the Austrian deh^gatlon embody ing the German Ideas, another by the French and the third by the Moroccan mis sion. The Austrian Flan. The Austrian plan gives the sultan su preme command of the police arid he Is to Select French officers for the police at four ports, namely. Tangier. Saffi, Rabat and Tetuan, and Spanish officers for three ports, namely. Mogador, Larache and Mazagan. The sultan finally is to select an inspector general of police from Switzer land or Holland. The inspector general is ! to have his headquarters at Casablanca, on the Atlantic coast, and is to command the Franco-Spanish police at the other ports. The Moroccan plan makes the sultan su preme and asks that all the powers par ticipate in the organization of the police. The French plan as heretofore outlined establishes Franco-Spanish police at eight of the leading ports. The foregoing plans are being considered. The Austro-German plan concc-des a Franco-Spanish police, but divides them in different ports and places them under a neutral general. The French delegates de clare that the latter condition is unaccept able. However, the iwesentation of the plans brings the contestants much closer to gether. Germany's Notable Concession. An official note issu?d at the close of the day's session read as follows: "Herr Von Radowitz (chief of the German mission), referring to the statements made j by the Russian, French and Spanish dele gates at the last session of the conference, i said the German government did not object to the organization of the Moroccan police i by France and Spain at the ports open to commerce, under proper guarantees assar Ing economic liberty." The conference adjourned until Saturday night, in order to permit the delegates to i study the police projects. The official statement made by Herr Von Radowitz today appears to assure an agreement. The presentation of the French plan by M. Revoil. head of the French delegation, i followed the receipt of a telegram from M. Rouvier stating that the resignation of the cabinet left the previous instructions to the delegates operative. Significant Order From Madrid. MADRID, March 8.?Owing to the favor able turn taken in the situation at Alge ciras. Premier Moret has telegraphed to the Duke of Almodovar, the Spanish foreign minister and chief of the Spanish delegation at the Moroccan conference, who was to have returned to Madrid shortly on state business, to remain at Algeciras until the conference concludes its sessions. MUNICIPAL OWNERSHIP SCORED. Elected Its Candidate for Mayor of Seattle. SEATTLE, Wash., March a?The Post Intelligencer prints a statement from John lUplinger, defeated republican candidate for mayor, announcing that he will not contest the election of William Hickman Moore, the municipal ownership candidate, whose plurality was fifteen. Judge Moore also I stated last night that he did not think there would be a recount, but both candi dates expressed themselves as being willing to abide by the result If it was deemed ad visable to have a recount. The defeat of the republican candidate for councilman in the second ward was fully established last night. The second ward Is the home of United States Senator S. H. Piles. HENDERSON MEMORIAL. Iowa Legislature Paid Tribute to Late Speaker. DES MOINES, Iowa, March 8.?The Iowa legislature today convened in Joint as sembly to pay tribute to the memory of former Speaker Henderson of the national House of Representatives. Speaker Clarke of the Iowa house and Senator George W. Dunham, personal friends of the late speak er, delivered eulogies. An address by Representative Nate Ken dall completed the program. IVENS MURDER TRIAL BEGINS. State's Case Rests Largely Upon De fendant's Confessions. CHICAGO, March 8.?The trial of Richard Ivens for the murder of Mrs. Bessie Hoills ter was commenced today. At the openlns of court a delay was occasioned by objec tions filed against one of the Jurors by A? sistant State's Attorney Olson. After a consultation with Judge Smith and Attor ney Fol*. who represents Ivens. the juror was excused. It being thought that his fee ble health would not be able to stand the strain of an extended trial. Another juror was secured, and Assistant State's Attor ney Olson made his opening address to the Jury It Is generally understood that the cas> of the state rests largely upon the repeated confessions made by Ivens to the police and to the state'B attorney's office, and as soon as the case was fairly under way Mr. Foil objected to the Introduction of any eonfes-' slon purported to have been made by Ivens. He was promptly overruled by the court. PLEMS FOB THE WEST Senator McCumber Speaks on the Statehood Bill. PRESENTS HIS SUBSTITUTE Would Create Oklahoma and Sequoia. OPPOSED TO PENDING MEASURE Entirely Eliminate* New Mexico and Arizona?Senate Meets at 11? Indian Bill in the House. The Senate met at 11 o'clock today, an hour earlier than usual, in order to afford additional time for the discussion of the statehood bill, but It looked for a while as though that object would be frustrated by the lack of attendance on tiie part of senators. When the hour for meeting; ar rived not a single seat In the chamber was occupied, but as the Vice President and the chaplain entered through the north door Mr. McCumber and Mr. Gearlrt ap peared at the opposite entrance and Messrs. Teller and Patterson came In a few mo ments later. Other senators were slow la making their appearance, and at 11 :lf>. when Mr. McCumber began to spepk on the statehood bill, less than a dozen sena tors were In their seats. Mr. McCumber introduced his speech by presenting a substitute for the statehood bill creating one state of Oklahoma and another of Indian Territory, the latter under the name of Sequolu, In honor of the Cherokee scholar of thai name, and entirely eliminating New Mexico and Arizona. He made an argument against the consolida tion of the territories Into fewer stat<?, contending that more western states were necessary to give the agricultural and other transmississlppi Interest strong representa tion in Congress. He predicted In the near future the west would have a much larger population than the eust, and said that even If present Iwjundary lines were pre served It would still be Impossible to secure as many states as there were east of the Mississippi, and that, therefore, the Imlnnce of power In the Senate must necessarily tie against the western section. Mr. McCumber declared that the tlnvi would come when the east would And Its protection In the west. He referred to the Influence of foreign Immlgation in eastern communities, und in this connection said that at its last election Chicago had elected a socialist as mayor. When Mr. McCumber closed Mr. Tillman gave notice that as soon as an opportunity offers he will address the Senate on the message of the President sent to the Sen ate yesterday on the coal Inquiry resolution recently passed by Congress on Mr. Tillman a ; motion. He referred to the presidential message as "a very remarkable document." and' Mid that but for the pressure to pro ceed with the statehood bill he would ask to be heard at this time. Mr. Patterson Opposes the Bill. Mr. Patterson then addressed the Senate I on the statehood bill, speaking In opposi I tion to the passage of the House bill. He i devoted his attention almost exclusively to ! the portion of the bill providing for the joining of Arizona and New Mexico, and I contended that Arizona as now founded had i an unquestionable right to ultimate state ! huod. HOUSE OF REPRESENTATIVES. The House, on meeting today, agreed to a resolution calling on the Secretary of State for the report of Herbert H. D. Pelrce on the condition of the American consulates In the orient, and especially Shanghai. By mistake, several days ago. Mr. Hughes <W. Va.,) favorably reported from the com mittee on accounts a resolution Increasing from tdt> to (70 a month the salaries of the four colored cloak room men. whose duties It Is to hang up coats and hats of memUers, shine their shoes, etc. The resolution "was agreed to at once. Just as that result was I announced Mr. Hughes realized that he had been directed by the committee to report the resolution with the recommendation that It should not pass. Today he movetf I to reconsider the action, but his motion was ! laid on the table by a vote of SK) to 41, thus affirming the Increase. The Indian appropriation bill was taken up for amendment. On motion of Mr. Mondell (Wyo.). the Irrigation fund was relieved from the J&JO. ono charge for the lrrigatlen project of the Pima Indians on the Gila river reservation. NEW BRIGADIER GENERAL. Pershing's Appointment Would Jump Him Over 910 Officers. Each day's delay In tilling the vacancy in the list of brigadier generals caused by the statutory retirement of Gen. C. C. C. Carr on the 3d Instant serves to intensify the In terest in military circles In the contest for the star until It Is now almost at fever heat. That the competition is strong and close Is Indicated by the fact that the Presi dent hesitates in making the nomination, notwithstanding it Is known that he desires to give substantial recognition in the way of promotion to Capt. John J. Pershing, one of the heroes of the Moro campaign. It is said that the only objection to the Imme diate appointment of Capt. Pershing Is his comyirative youth and short service. He stands No 54 In the list of captains of cav alry. and No. .'ill in relative rank of cap tains of all arms. If he is appointed a brig adier general it will be over the heads of .'ill captains. .'UH majors. 128 lieutenant col onels and KIT colonels. No confirmation of the report that he l.as been selected for appointment as briga dier general can be obtained at the War Department, but it is Intimated that an announcement In regard to the matter Of army promotions will be made in a day *r two, probably tomorrow. Although there is still some donbt as to who will secure the permanent brigadier ship, it seems to be generally accepted that the fol lowing-nAmed lieutenant colonels will be made brigadier generals and imme diately retired: L. W. Cooke, 28th Infantry; C. P. Miller, quartermaster's department; H. 8. Turrill. medlcsJ department; Joseph M. Califf, artillery corps; William W. Kob lnson. quartermaster's department, and Jbmes B. Hickey, military secretary All the officers named served during the drll war. and unless promoted at this time will never reach brigade rank. HAUOH TO KNOW FATE SOON. Evidence All in at Harder Trial at Dayton. DAYTON, Ohio. March 8.?The fate of Oliver Haugh, charged with the murder of his parents and his brother, will soon be known. All the evidence 1* in. and the arguments will probably begin tomorrow. The state introduced as a witness Mrs Delia Betters of Ludlngton. Mich , who sa-ld she bad been married to Dr. Haugh In Clil cago August 27. 1901. A year later she dis covered that he had another wile living, and she left him.